Amputation Lawyer in Omaha

Have You Suffered a Traumatic Amputation Injury in Omaha?

An amputation is one of the most horrific things that can happen to a person. Losing a limb, such as a leg or an arm, or even a body part like a finger, is a traumatic injury that will impact you both mentally and physically.

If you suffered the loss of a limb due to someone else’s negligence, Bottlinger Law L.L.C. is here to help. Personal injury claims involving amputations can be complex, but these cases tend to have large settlements. An amputation will last forever, and we want you to get the maximum financial compensation possible so that you can focus on taking care of yourself and your family. To speak with an experienced Omaha personal injury attorney, give us a call at (402) 505-8234 to discuss your case with a free consultation.

The Costs of an Amputation Injury

An accident that leads to an amputation is a shocking and painful ordeal. The loss of a limb requires a long and difficult road to recovery, starting with physical and emotional therapy. It also comes with many costs, such as rehabilitation, prosthetics, and additional surgeries or medical procedures required.

Having to deal with the fallout after the accident can take years away from a person. Many patients become depressed due to their altered physical state and their inability to do the things they used to do before. This stress may affect their home life and relationships, creating additional emotional trauma. Some patients can’t continue in their line of work due to their disability. And some patients can’t afford the best rehabilitation or prosthetics to help them in recovery.

Learning how to function with a prosthetic limb also poses difficulties to amputees, from experiencing phantom limb pain to developing bedsore-like chafing at the site of attachment.

No person who has lost a limb due to someone else’s negligence should have to worry about finances in order to get their life back on track. We can’t take back what happened, but we can make it easier to move onto the road to recovery.

Causes of Traumatic Amputation

Losing a limb is also referred to as "traumatic amputation," as opposed to "surgical amputation" required to treat diabetes, gangrene, or another medical complication. If a limb is removed when it does not need to be, it would be a case of medical malpractice. Otherwise, the most common causes of traumatic amputations are:

• Motor vehicle collisions
• Motorcycle crashes
• Bicycle crashes
• Vehicle/pedestrian collisions
• Chemical/electrical burns
• Machinery accidents
• Aviation crashes
• Construction accidents

If your limb is badly crushed in an accident and needs to be removed, it is still considered a traumatic amputation, not a surgical amputation.

Determining Liability

A personal injury claim typically consists of four key elements: duty of care, breach of duty, causation, and damages. In the context of an amputation claim, these elements are particularly relevant.

• The duty of care refers to the legal obligation one party owes to another to act reasonably and avoid causing harm. For example, drivers have a duty to operate their vehicles safely to prevent accidents.
• Breach of duty occurs when the responsible party fails to fulfill their duty of care. In an amputation claim, this could involve scenarios such as a driver running a red light or a manufacturer producing a defective product.
• Causation establishes the link between the breach of duty and the resulting injury. In an amputation case, it must be demonstrated that the negligent actions directly caused the loss of a limb.
• Damages refer to the compensable losses suffered by the injured party. In amputation claims, this may include medical expenses, rehabilitation costs, lost wages, pain and suffering, and long-term disability benefits.

These elements underscore the complexity of amputation claims and highlight the importance of thorough investigation and legal representation to establish liability and secure fair compensation for the profound physical, emotional, and financial impacts of limb loss.

Collecting Evidence After an Accident

A strong legal case relies on thorough investigation and the collection of evidence. This is why it’s important to preserve evidence immediately after an accident. Following the steps below will help make sure that critical details are documented:

• Seek medical attention: Seek immediate medical attention by calling 911 and reporting the accident to law enforcement. Proceed with following your doctor’s instructions and treatment orders, and be sure to attend future medical appointments.
• Preserve evidence: Keep all documents related to the accident, such as medical records, police reports, and correspondence with insurance companies. This includes records proving the cost of adaptive devices such as prosthetic limbs.
• Contact Bottlinger Law L.L.C. to assess your case. We will guide you through the claims process and make sure that deadlines are met and all the required evidence for your injury claim is collected.
• Gather information: Work with your attorney to obtain contact details and insurance information of the involved parties, as well as the contact information of witnesses. Recount how the accident occurred and note how many people were involved.
• Continue documentation: Keep a journal or diary detailing the challenges you face in performing daily living activities post-amputation, such as self-care, mobility, and work tasks.

Once all the necessary evidence has been acquired, your personal injury lawyer will initiate the claims process and negotiate with insurance companies for fair compensation. Legal timelines vary, but acting promptly is key to preserving evidence and protecting your rights.

Forms of Compensation

Forms of compensation for amputation injuries encompass various categories to address the extensive impact on victims’ lives. This includes:

• Medical expenses: Compensation for all past and future medical bills related to the amputation, including surgeries, hospital stays, rehabilitation, prosthetic fittings, and ongoing medical care.
• Lost income: Payment for wages or income lost due to the inability to work during recovery from the amputation and any long-term disability that affects earning capacity.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the amputation and its impact on daily activities.
• Rehabilitation costs: Compensation for expenses associated with physical therapy, occupational therapy, vocational rehabilitation, and other rehabilitative services aimed at maximizing the individual’s functional abilities post-amputation.
• Long-term disability benefits: Financial support to cover ongoing living expenses and compensate for the diminished earning capacity resulting from the amputation, especially if the individual is unable to return to their previous occupation.

What Can an Omaha Amputation Injury Attorney Do To Help?

Amputation claims will have more expert testimony than the average case. They can also be financially draining due to the lifelong medical and rehabilitation bills. It’s important to get the right amount of compensation for your injury and not to settle for the first insurance company offer. It won’t turn back time, but it will help you continue on with your life without the added stress of worrying about finances. To have a successful case, you need an Omaha amputation injury lawyer who will not overlook these details.

Hiring an experienced amputation injury lawyer offers invaluable benefits. Your attorney’s legal prowess will allow for thorough investigation of the accident, ensuring all liable parties are held accountable. At Bottlinger Law L.L.C., we will work to maximize compensation for your medical expenses, lost income, and pain and suffering by negotiating skillfully with insurance companies. But if you don’t receive a fair offer, we aren’t afraid to file a lawsuit and fight for your rights in court.

Your Trusted Legal Advocates After an Amputation Injury

Recovering compensation after suffering a traumatic injury can seem like a daunting task, but with the right attorney by your side, you can navigate your case with confidence and success. When you choose Bottlinger Law L.L.C., you get a dedicated legal team led by an experienced amputation injury lawyer who is fully prepared to help you secure the compensation you deserve. Your peace of mind is our priority, and you can rely on us for unwavering support throughout the legal process.

Reach out to us at (402) 505-8234 for a free consultation to explore your legal options.

Additional Information

• Overview of Limb Prosthetics - Merck Manual
• Traumatic Amputation - MedlinePlus